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Question

If a business owner pays a web designer to design a web site, can they hire a different web designer to make modifications to the site using some of the same elements and changing others without the second designer infringing on the first designer’s copyright?

(U.S. Copyright Law)

Submitted: 163 days and 13 hours ago.
Category: Intellectual Property Law
Value: $15
Status: CLOSED
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Washington

Already Tried:
Starting a new business that will involve modifying existing web sites.

Accepted Answer

Hello XXXXXXXXXX,

If the second designer is making the modifications with the permission of the first designer, an infringement would not take place. An infringement only takes place when you lack permission to make modifications. If the first designer hires the second designer, there would be express permission to modify the existing website. Of course if the second designer goes beyond the scope of the permission granted, then there would be a copyright infringement.

Thomas

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Expert: Thomas Swartz
Pos. Feedback: 100.0 %
Accepts: 
Answered: 6/11/2009

Lawyer

Seventeen years experience as New York, New Jersey lawyer, and publisher of online legal newspaper

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